Divorce and Separation

Does Florida Have an Official Alimony Formula?

No. Florida has no official alimony formula. A judge decides need and ability to pay, then weighs the factors in § 61.08, Florida Statutes. Only durational alimony has set limits: no more than 35% of the gap between the spouses' net incomes, for a time capped by how long the marriage lasted.

A calculator, a blurred budget sheet, a pen and two coffee mugs on a kitchen table in soft light.

The short answer

No. Florida has no official alimony formula: a judge decides alimony case by case under § 61.08, Florida Statutes, though durational alimony is capped at 35% of the difference in net incomes and at 50%, 60% or 75% of the marriage's length.

Does Florida have an official alimony formula?

No. Florida has no official formula that sets alimony for you. A judge first decides whether one spouse needs support and the other can pay. Then the judge weighs the factors in § 61.08, Florida Statutes. Only durational alimony has built-in math: a cap of 35% of the gap between net incomes, and a time limit tied to the marriage's length.

Alimony means support one spouse pays the other after a divorce. If you are facing this question, you can get a clear picture of the rules before you talk to anyone.

Source: § 61.08, Florida Statutes (2026), as rewritten by chapter 2023-315, Laws of Florida, effective July 1, 2023. Current as of October 2026.

How does a Florida judge decide alimony without a formula?

The judge follows a set order of questions, not a calculator. The spouse asking for alimony has to prove the need for it.

Under § 61.08(2), the court decides two things first:

  1. Decide whether the spouse asking for alimony has an actual need for it.
  2. Decide whether the other spouse has the ability to pay.

If both answers are yes, the judge looks at the factors in § 61.08(3). These include:

  • Length of the marriage: counted from the wedding date to the date the divorce was filed.
  • Standard of living: how you lived during the marriage and what each of you will need.
  • Health and age: each spouse's age and physical, mental and emotional condition.
  • Income and resources: each spouse's income and property, including what each gets in the divorce.
  • Earning ability: education, job skills and how employable each spouse is.
  • Contributions: homemaking, child care, and help with the other spouse's education or career.
  • Children: each parent's duties toward minor children.

The judge must explain the decision in written findings. That is why two couples with the same incomes can end up with different results.

What limits does Florida law put on alimony?

Florida sets ceilings, not a formula. Florida no longer has permanent alimony. The 2023 law left four types: temporary (paid while the divorce is pending), bridge-the-gap, rehabilitative and durational.

  • Bridge-the-gap alimony: helps you move from married to single life, for no more than 2 years.
  • Rehabilitative alimony: pays for training or education to get back to work, for no more than 5 years.
  • Durational alimony: support for a set time. It is not allowed after a marriage of less than 3 years.
  • Durational amount: the lower of the receiving spouse's reasonable need or 35% of the difference between the spouses' net incomes.

For durational alimony, the length cap depends on how long the marriage lasted. The table below shows those caps. A judge can go past them only in exceptional circumstances, proven by clear and convincing evidence.

Warning: Online alimony calculators are not official. They can show the 35% ceiling, but a judge may award less, or nothing, based on need and the § 61.08 factors.

Maximum length of durational alimony under § 61.08, Florida Statutes (as of October 2026)
Marriage lengthLegal categoryLongest durational alimony
Less than 10 yearsShort-term marriage50% of the marriage's length
10 to 20 yearsModerate-term marriage60% of the marriage's length
20 years or moreLong-term marriage75% of the marriage's length

Frequently asked questions

How is child support determined in Florida?

By a formula. Unlike alimony, Florida child support uses the guidelines in § 61.30, Florida Statutes. A schedule sets support from both parents' combined monthly net income and the number of children. A judge can move 5% either way. Going further requires a written finding that the guideline amount would be unjust or inappropriate.

Is Florida a no-fault divorce state?

Yes. Under § 61.052, Florida Statutes, a court can end a marriage when it is irretrievably broken, meaning it cannot be fixed. You do not have to prove wrongdoing. Fault can still matter for alimony, though: a judge may consider adultery and its economic impact when deciding support.

Can I get my spouse to pay my attorney fees in Florida?

Sometimes. Under § 61.16, Florida Statutes, a judge may order one spouse to pay a reasonable amount of the other's attorney's fees. The judge first looks at both spouses' financial resources. Fees are most likely when one spouse earns or owns much more than the other.

Do I need a lawyer for divorce in Florida?

No, the law does not require one. You can represent yourself using the family law forms approved by the Supreme Court of Florida. When alimony is disputed, though, a lawyer can help. There is no formula, so the outcome depends on how well need, ability to pay and the § 61.08 factors are proven.

Sources

  1. Section 61.08, Florida Statutes (2026): Alimony, The Florida Senate
  2. Section 61.30, Florida Statutes (2026): Child support guidelines, The Florida Senate
  3. Section 61.052, Florida Statutes (2026): Dissolution of marriage, The Florida Senate
  4. Section 61.16, Florida Statutes (2026): Attorney's fees, suit money, and costs, The Florida Senate